Currently, permits
submitted to the U.S. Army Corps of Engineers and the Indiana Department of
Environmental Management for impacts to the state’s aquatic resources
require the applicant to mitigate the impacts either (1) by restoring
habitat at or near the project site or (2) by using an approved mitigation
bank.

The proposed new
mitigation option is being called an “in-lieu fee” and it would allow an
applicant to make a payment to the Indiana Natural Resources Foundation (INRF),
which will oversee the accumulated funds. The DNR will then be required to
establish or restore aquatic resources within designated areas of the state.

The DNR has
developed a document called a “prospectus” for the program and is working
with the Army Corps and IDEM to develop procedures for this in-lieu program.
Representatives of the DNR and INRF will be on hand at all three public
information sessions to answer questions.

Meanwhile, the DNR
said, the Natural Resources Commission recently approved new rules to allow
for an in-lieu fee for mitigation required for construction in a floodway,
public freshwater lake, or navigable waterway issued by the DNR Division of
Water.

The new rule is not
yet in effect and must still be reviewed by the Attorney General’s Office
and Governor’s Office.